Introduction:
A person who is appointed on Probation
successfully completes his Probating period and passed the prescribed
examination, test or course if applicable, then his Service shall be confirmed
and he becomes permanent. According to a case Law reported in 2009 SCMR 194. Civil
Servant if not removed from Service before expiry of Probation period, would
stand automatically confirmed, even assuming that the period of Probation stood
extended by one (1) year, where after Civil Servant become permanent employee.
Relevant Provisions / Laws:
Section seven (7) of the Civil
Servants Act 1973 read with Civil Servants (Confirmations) rules 1993.
·
Cross reference
Khyber Pakhtunkhwa section seven
(7) of the Civil Servants Act 1973 read with rule 16 of Khyber Pakhtunkhwa
(Appointment, Promotion, Transfer) rule 1989.
Meaning of Confirmation:
Confirmation means when a person
becomes permanent, or where a person becomes settled or valid.
Ø
According to English Dictionary:
Confirmation means to be made a
full member, making sure.
·
Eligibility for Confirmation of Probationer in
A Post:
According to section seven (7) of
the CSA 1973 read with rule 3 of the Civil Servants (Confirmation) rules 1993.
A Civil Servant initially appointed to a post, on Probation including a Civil
Servant Promoted or Appointed to a post on transfer, shall on the satisfactory
completion of his Probation, be eligible for Confirmation on that post.
·
Retirement Before Confirmation:
According to section 7 (4) of the
CSA 1973. A Civil Servant who was eligible to be confirmed but retires before
being confirmed, he shall not be refused such Confirmation or any benefit
occurring there on merely on the ground of his retirement.
·
Confirmation Only Against Permanent Post:
The Confirmation shall be made
only against a permanent post and there shall be no Confirmation against any
temporary post.
·
Date from Which Confirmation Shall Take
Effect:
Confirmation of a Civil Servant
shall take effect from the date of occurrence of permanent vacancy or from the
date of continuous of filiation (Working) in such Service or post, whichever is
later.
·
Two Or More Civil Servants Shall Not Be
Confirmed In The Same Post:
According to CS (Confirmation)
rules 1993. Two or more persons / Civil Servants shall not be confirmed in the
same post and at the same time or in a post on which another Civil Servant
holds a lien. Similarly, a Civil Servant shall not be confirmed on two or more
posts at the same time.
·
Considerations for Confirmation:
The Confirmation shall be made on
the recommendation of the Confirmation Committees constituted for the purpose
with the approval of competent authorities, strictly in order of his Seniority.
·
Post Vacated on Dismissal, Removal or
Compulsory Retirement:
No Confirmation shall be made
against the post vacated in dismissal, removal or compulsory retirement of a
Civil Servant until his appeal / Revision against such dismissal, removal or
retirement was finally decided.
·
Confirmed Civil Servant When Joins Some Other
Services:
A confirmed Civil Servant who on
his own accord, joins some other Service, post or Cadre on regular basis shall
have the right of reversion to the previous post against which he shall hold
lien only during the period of his Probation on his new Service post or Cadre.
Similarly, A Civil Servant shall
cease to hold lien against a post if he takes up an appointment on selection in
a autonomous body under the control of federal Government, Provincial
Government local authority or private organization. However, lien on a post
under the federal Government shall not be terminated until he acquires lien on
any other post.
CONCLUSION:
To conclude, A candidate who is
initially appointed to a post or Service cannot become a Civil Servant until
and unless he is confirmed on the said post or Service after successful
completion of Probation period and thereafter Law related to Civil Services
applies to him after Confirmation.
Similarly, promote or transferee
to a petitioner post Service or Cadre is also confirmed the said post on the
successful completion of Probation period otherwise is reverted back to a
farmer post so long he holds a lien against the former post, Service or Cadre.
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